[Congressional Record (Bound Edition), Volume 155 (2009), Part 12]
[Senate]
[Page 16234]
[From the U.S. Government Publishing Office, www.gpo.gov]




                       FREEDOM OF INFORMATION ACT

  Mr. LEAHY. Mr. President, on July 4, the Nation will celebrate the 
43rd anniversary of the signing of the Freedom of Information Act, 
FOIA. The tragic events unfolding in Iran are a powerful reminder of 
the vital role of a free press and the free flow of information in an 
open society. Now in its fifth decade, FOIA remains an indispensable 
tool for shedding light on bad policies and government abuses. The act 
has helped to guarantee the public's ``right to know'' for generations 
of Americans.
  Today, thanks to the reforms contained in the Leahy-Cornyn OPEN 
Government Act, Americans who seek information under FOIA will 
experience a process that is much more transparent and less burdened by 
delays than it has been in the past. A key component of the OPEN 
Government Act was the creation of an Office of Government Information 
Services, OGIS, within the National Archives and Records 
Administration. This office will mediate FOIA disputes, review agency 
compliance with FOIA, and house a newly created FOIA ombudsman.
  I applaud President Obama and Acting Archivist of the United States 
Adrienne Thomas for recently appointing Miriam Nisbet as the first 
Director of OGIS. I look forward to working closely with Director 
Nisbet and I will continue to work very hard to ensure that OGIS has 
the necessary resources to carry out its mission.
  These new reforms to FOIA are very good news. But there is still much 
more to be done.
  Earlier this year, Senator Cornyn and I joined together to 
reintroduce the bipartisan OPEN FOIA Act, S. 612, a commonsense bill to 
promote more openness regarding statutory exemptions to FOIA. This FOIA 
reform measure requires that Congress clearly and explicitly state its 
intention to create a statutory exemption to FOIA when it provides for 
such an exemption in new legislation. While there is a very real need 
to keep certain government information secret to ensure the public good 
and safety, excessive government secrecy is a constant temptation and 
the enemy of a vibrant democracy.
  The OPEN FOIA Act has twice passed the Senate this year as a part of 
other legislation. This bill provides a safeguard against the growing 
trend towards FOIA exemptions and would make all FOIA exemptions clear 
and unambiguous, and vigorously debated, before they are enacted into 
law. I hope that the Congress will enact this good government measure 
this year.
  When describing our vibrant democracy, President Kennedy once wisely 
observed that ``[w]e are not afraid to entrust the American people with 
unpleasant facts, foreign ideas, alien philosophies and competitive 
values. For a nation that is afraid to let its people judge the truth 
and falsehood in an open market is a nation that is afraid of its 
people.'' As we reflect upon the celebration of another FOIA 
anniversary, we in Congress must reaffirm this commitment to open and 
transparent government.
  Open government is not a Democratic issue, nor a Republican issue. It 
is truly an American value and a virtue that all Americans hold dear. 
It is in this bipartisan spirit that I join Americans from across the 
political spectrum in celebrating the 43rd anniversary of FOIA and all 
that this law has come to symbolize about our vibrant democracy.

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